Title 04 — Alcoholic Beverages
9 chapters · 210 sections in this title.
AS 04.11.365 Licensed premises in multi-unit residential housing developments owned or financed by the Alaska Housing Finance Corporation.
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For premises located in a multi-unit residential housing development owned or financed by the Alaska Housing Finance Corporation, the board may issue a new license under AS 04.11.320, renew a license under AS 04.11.330, or approve a request for relocation under AS 04.11.340 if th…
AS 04.11.370 Suspension and revocation of licenses and permits.
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Article 5. Restrictions on Issuance and Transfer of Licenses. (a) A license, endorsement, or permit shall be suspended or revoked if the board finds (1) misrepresentation of a material fact on an application made under this title or a regulation adopted under this title; (2) cont…
AS 04.11.390 Residence requirements. [Repealed, § 19 ch 74 SLA 1999.]
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[Repealed or reserved.]
AS 04.11.395 Conditions or restrictions imposed on a license, endorsement, or permit.
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(a) The board may, in the best interests of the public, impose conditions or restrictions on a license, endorsement, or permit issued under this chapter. (b) Except for a conditional contractor's permit issued under AS 04.09.710, the board may delegate to the director the authori…
AS 04.11.400 Population limitations.
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(a) Except as provided in (f), (i), and (k) of this section and AS 04.11.405, a new license may not be issued and the board may prohibit relocation of an existing license (1) outside an established village, incorporated city, unified municipality, or organized borough if, after t…
AS 04.11.405 Petition for additional restaurant or eating place licenses for certain local governing bodies.
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(a) A first class city, a home rule city, or a unified municipality may submit a resolution to the board, adopted by its legislative body, petitioning the board for the issuance of additional restaurant or eating place licenses under AS 04.09.210 that exceed the limits under AS 0…
AS 04.11.410 Restriction of location near churches and schools.
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(a) A beverage dispensary or package store license may not be issued and the location of an existing license may not be transferred if the licensed premises would be located in a building the public entrance of which is within 200 feet of a school ground or a church building in w…
AS 04.11.420 Zoning limitations.
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(a) A person may not be issued a new license, endorsement, or permit or transfer a license or a license with endorsement to a new location in a municipality if a zoning regulation or ordinance prohibits the land use unless a variance of the regulation or ordinance has been approv…
AS 04.11.430 Person and location.
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(a) Each license shall be issued to a specific individual or individuals, to a partnership, including a limited partnership, to a limited liability organization, to a corporation, to a government entity, or to a tribal organization. If the license is issued to a corporation or a …
AS 04.11.450 Prohibited financial interest.
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(a) A person other than a licensee may not have a direct or indirect financial interest in the business for which a license is issued. (b) A person who is a representative or owner of a wholesale business licensed under AS 04.09.100 or 04.09.110 may not be issued, solely or toget…
AS 04.11.460 Prior public approval.
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Article 6. Procedures for Public Influence. (a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or tran…
AS 04.11.470 Objection.
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A person may object to an application for issuance, renewal, transfer of location, or transfer to another person of a license, for issuance, renewal, or transfer to another person of a license with one or more endorsements, for issuance of an endorsement, or for issuance of a per…
AS 04.11.480 Protest.
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(a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant …
AS 04.11.490 Prohibition of the sale of alcoholic beverages. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.491 Local options.
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(a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit (1) the sale of alcoholic beverages; (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot: (A) a re…
AS 04.11.492 Community liquor license; complete prohibition on sales. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.493 Change of local option.
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(a) If a majority of persons voting on the question vote to approve a different local option, a municipality or established village shall change a local option previously adopted under AS 04.11.491 to the different approved option. (b) A ballot question to change a local option u…
AS 04.11.494 Operation of delivery sites. [Repealed, § 15 ch 63 SLA 2001 as amended by § 1 ch 28 SLA 2004.]
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[Repealed or reserved.]
AS 04.11.495 Removal of local option.
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(a) If a majority of the persons voting on the question vote to remove the option, a municipality or established village shall remove a local option previously adopted under AS 04.11.491. The option is repealed effective the first day of the month following certification of the r…
AS 04.11.496 Prohibition of sale and importation of alcoholic beverages. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.497 Effect on licenses of prohibition of sale.
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If a majority of voters vote to prohibit the sale of alcoholic beverages under AS 04.11.491(a)(1), (a)(4) or (5), (b)(1), or (b)(3) or (4), the board may not issue, renew, or transfer, between persons or locations, a license for premises located within the boundaries of the munic…
AS 04.11.498 Prohibition of possession of alcoholic beverages. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.499 Prohibition of importation or purchase after election.
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(a) If a majority of the voters vote to prohibit the importation of alcoholic beverages under AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the month following certification of the results of the election, may not knowingly send, transport, o…
AS 04.11.500 Prohibition of the sale of alcoholic beverages except by selected licenses. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.501 Prohibition of possession after election.
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(a) If a majority of the voters vote to prohibit the possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4), a person may not knowingly possess an alcoholic beverage in the municipality or established village, unless the alcoholic beverage is sacramental wine to be …
AS 04.11.502 Procedure for local option elections. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.503 Effect on licenses of restriction on sale.
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If a majority of the voters vote under AS 04.11.491(a)(2) or (b)(2) to prohibit sale of alcoholic beverages except by the type or types of licensees or permit holders listed on the ballot, the board may not issue, renew, or transfer between persons or locations a license for prem…
AS 04.11.504 Reinstatement of licenses. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.505 Licensing after prohibition on sale except in premises operated by municipality.
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(a) If a majority of the voters vote under AS 04.11.491(a)(3) to prohibit the sale of alcoholic beverages except on premises operated by the municipality, the board may not issue, renew, or transfer between persons or locations a license for premises located within the boundaries…
AS 04.11.506 Notice of the results of a local option election. [Repealed, § 69 ch 101 SLA 1995.]
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[Repealed or reserved.]
AS 04.11.507 Procedure for local option elections.
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(a) Elections to adopt a local option under AS 04.11.491, change a local option under AS 04.11.493, or remove a local option under AS 04.11.495, shall be conducted as required in this section. (b) Upon receipt of a petition of a number of registered voters equal to 35 percent or …
AS 04.11.508 Establishment of perimeter of established village.
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(a) Except as provided under (b) and (c) of this section, for purposes of AS 04.11.491, 04.11.497, and 04.11.503, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the establish…
AS 04.11.509 Notice of the results of a local option election.
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Article 7. Board Procedures. (a) If a majority of the voters vote to prohibit, change, or remove a local option under AS 04.11.491 — 04.11.495, the clerk of the municipality, or, if the election is in an established village, the lieutenant governor shall notify the board of the r…
AS 04.11.510 Procedure for action on license applications, suspensions, and revocations.
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(a) Unless a legal action relating to the license, applicant, or premises to be licensed is pending, the board shall decide whether to grant or deny an application within 90 days of receipt of the application at the main office of the board. However, the decision may not be made …
AS 04.11.520 Notice to local governing body.
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After receipt of an application for the issuance or renewal of a license, the renewal of a license with one or more endorsements, the transfer of a license or a license with one or more endorsements to another person, the transfer of a license to a new location, or the issuance o…
AS 04.11.525 Notice to community council and others.
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On receipt of an application for the issuance, renewal, relocation, or transfer of the ownership of a license, the board shall provide written notice under AS 04.11.310(b).
AS 04.11.530 Consideration of reports.
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A license may not be suspended or revoked under AS 04.11.370(a)(4) or (5) unless the board considers the reports prepared by arresting and investigating officers and the sentencing report sent to the board under AS 12.55.025(b).
AS 04.11.535 Suspension and revocation based on acts of employees.
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(a) If, in a proceeding to suspend or revoke a license, endorsement, or permit under AS 04.11.370(a)(5), the board finds that a sentencing report, record of conviction, or judgment sent to the board under AS 12.55.025(b) or a report prepared by the investigating or arresting offi…
AS 04.11.537 Application of precedent.
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Article 8. Expiration of Licenses.
AS 04.11.540 License, endorsement, and conditional contractor's permit renewal and expiration.
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Notwithstanding AS 04.11.680, an application for renewal of a license, an endorsement, or a conditional contractor's permit under AS 04.09.710 issued for the two calendar years ending December 31 or of a seasonal license issued for parts of those calendar years may be submitted u…
AS 04.11.550 Notice of expiration.
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Article 9. Miscellaneous Provisions. On or before February 15, the director shall mail a notice of expiration to each licensee who has not either (1) filed an application to renew a license, along with any applicable affidavits and all fees due, or (2) notified the director of an…
AS 04.11.560 Appeals.
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(a) An action of an officer, employee, or agent of the board relating to the administration or enforcement of this title may be appealed to the board by the aggrieved party. (b) A decision by the board relating to the issuance, renewal, transfer, relocation, suspension, or revoca…
AS 04.11.570 Refund and forfeiture of fees.
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(a) If an application for a license or endorsement is denied, the board shall refund the license fee but not the application fee. (b) A license or endorsement fee may not be refunded after the license or endorsement has been issued unless the board determines it has erred in the …
AS 04.11.575 Civil fine.
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(a) Except as provided in (c) of this section, the board may, in addition to any other penalties imposed under this title, impose a civil fine upon a licensee that the board determines, at a proceeding under AS 04.11.510(c), has violated a provision of this title, a regulation ad…
AS 04.11.580 Surrender or destruction of license.
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(a) A license issued under this title shall, if the board so directs, be surrendered on demand to a peace officer, agent, or officer of the board. (b) The licensee shall surrender a current license to the board not later than 10 days after the loss or vacation of the licensed pre…
AS 04.11.590 Disposition of money.
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(a) Money collected from licenses, endorsements, permits, and civil fines under this title shall be transferred by the board to the Department of Commerce, Community, and Economic Development and deposited in the general fund. (b) A fee prescribed by the board in addition to fees…
AS 04.11.610 Allocation to municipalities.
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(a) An amount equal to the sum of the biennial license fees, excluding annual wholesale fees and biennial wholesale license fees, collected within a municipality shall be allocated semi-annually to the municipality. (b) If the officers of a municipality fail to actively enforce l…
AS 04.11.630 Accessibility of license and licensed premises to inspection.
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(a) A licensee shall, upon request, make the licensed premises and places authorized for storage under AS 04.21.060 available for inspection by officers charged with the enforcement of this title, including members of the board and the director or an employee of the director, dur…
AS 04.11.660 License a privilege.
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(a) A license issued under this title is a personal privilege, not a property right. (b) The privilege conferred upon the licensee is personal in nature and affords protection to the licensee only.
AS 04.11.670 Foreclosure.
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A license issued under this title is not subject to foreclosure, and may not be used as collateral to secure a debt. However, if a license is transferred to another person, the transferor may secure payment for real and personal property conveyed to the transferee upon the promis…